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ENGROSSED SENATE
BILL NO. 546 By: Howard of the Senate
and
West (Josh) of the House
[ data privacy - consumer rights - consumer requests
- appeal process - exceptions - privacy notice -
disclosures - contracts - data protection assessments
- action - penalties - fees and expenses -
evidentiary privileges - liability - codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 300 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Affiliate” means a legal entity that controls, is
controlled by, or is under common control with another legal entity
or shares common branding with another legal entity. For purposes
of this paragraph, “control” or “controlled” means the:
a. ownership of, or power to vote, more than fifty
percent (50%) of the outstanding shares of any class
of voting securities of a com pany,
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b. control in any manner over the election of a majority
of the directors or of individuals exercising similar
functions, or
c. power to exercise controlling influence over the
management of a company;
2. “Authenticate” means to verify through reaso nable means that
the consumer who is entitled to exercise the consumer ’s rights under
this act is the same consumer exercising such consumer rights with
respect to the personal data at issue;
3. “Biometric data” means data generated by automatic
measurements of an individual ’s biological characteristics that is
used to identify a specific individual. The term includes, but is
not limited to, a fingerprint, voiceprint, eye retina or iris, or
other unique biological pattern or characteristic. The term does
not include a physical or digital photograph, a video or audio
recording, or data generated from a physic al or digital photograph
or a video or audio recording unless such data is generated to
identify a specific individual. The term does not include
information collected, used, or stored for health care treatment,
payment, or operations under the Health Insurance Portability and
Accountability Act of 1996, 42 U.S.C., Section 1320d et seq.;
4. “Business associate” has the meaning assigned to the term
under the Health Insurance Portability and Accountability Act of
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1996, 42 U.S.C., Section 1320d et seq. or an y regulation adopted
thereunder;
5. “Child” means an individual younger than thirteen (13) years
of age;
6. “Children’s Online Privacy Protect ion Act of 1998” means 15
U.S.C., Section 6501 et seq. and includes the regulations, rules,
guidance, and exemptions adopted pursuant to the act and any
subsequent amendments ;
7. “Consent”, when referring to a consumer, means a clear
affirmative act signifying a consumer’s freely given, specific,
informed, and unambiguous agreement to process personal data
relating to the consumer. The term includes, but is not limited to,
a written statement, including a statement written by electronic
means, or any other unam biguous affirmative action. The term does
not include:
a. acceptance of a general or broad terms of use or
similar document that contains descriptions of
personal data processing along with other, unrelated
information,
b. hovering over, muting, pausing, or closing a given
piece of content, or
c. agreement obtained through the use of dark patterns;
8. “Consumer” means an individual who is a resident of this
state acting only in an individual or household context. The term
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does not include an individual a cting in a commercial or employment
context;
9. “Controller” means an individual or other person that, alone
or jointly with others, determines the purpose and means of
processing personal data;
10. “Covered entity” has the meaning assigned to the term u nder
the Health Insurance Portability and Accountability Act of 1996, 42
U.S.C., Section 1320d et seq. or any regulation adopted thereunder;
11. “Dark pattern” means a user interface designed or
manipulated with the effect of substantially subverting or i mpairing
user autonomy, decision -making, or choice, and includes any practice
the Federal Trade Commission refers to as a dark pattern;
12. “Decision that produces a legal or similarly significant
effect concerning a consumer ” means a decision made by the
controller that results in the provision or denial by the controller
of:
a. financial and lending service s,
b. housing, insurance, or health care services,
c. education enrollment,
d. employment opportunities,
e. criminal justice, or
f. access to basic necessities such as food and water;
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13. “De-identified data” means data that cannot reasonably be
linked to an identified or identifiable individual or a device
linked to the individual;
14. “Health care provider ” has the meaning assigned to the term
under the Health Insurance Portability and Accountability Act of
1996, 42 U.S.C., Section 1320d et seq.;
15. “Health record” means any written, printed, or
electronically recorded material maintained by a health care
provider in the course of providing health care services to an
individual that concerns the individual and the services provided.
The term includes:
a. the substance of any communication made by an
individual to a health care provider in confidence
during or in connection with the provision of hea lth
care services, or
b. information otherwise acquired by the health care
provider about an individual in confidence and in
connection with health care services provided to the
individual;
16. “Identified or identifiable individual ” means a consumer
who can be readily identified, directly or indirectly;
17. “Institution of higher education ” means:
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a. a public institution that is a member of The Oklahoma
State System of Higher Education or a technology
center school district , or
b. a private institution o f higher education;
18. “Nonprofit organization ” means:
a. a corporation organized under Title 18 of the Oklahoma
Statutes to the extent applicable to nonprofit
corporations,
b. an organization exempt from federal taxation under
Section 501(a), Internal R evenue Code of 1986, as
amended, by being listed as an exempt organization
under Section 501(c)(3), 501(c)(6), or 501(c)(12) of
that code,
c. a political organization,
d. an organization that is:
(1) exempt from federal taxation under Section
501(a), Internal Revenue Code of 1986, as
amended, by being listed as an exempt
organization under Section 501(c)(4) of that
code, and
(2) described by Section 363 of Title 36 of the
Oklahoma Statutes, or
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e. a subsidiary or affiliate of an entity regulated under
Section 151 et seq. of Title 17 of the Oklahoma
Statutes;
19. “Personal data” means any information including sensitive
data that is linked or reasonably linkable to an identified or
identifiable individual. The term includes pseudonymous data when
the data is used by a controller or processor in conjunction with
additional information that reasonably links the da ta to an
identified or identifiable individual. The term does not include
de-identified data or publicly available information;
20. “Political organization” means a party, committee,
association, fund, or other organization, regardless of whether
incorporated, that is organized and operated primarily for the
purpose of influencing or attempting to influence:
a. the selection, nomination, election, or appointment of
an individual to a federal, state, or local public
office or an office in a political organ ization,
regardless of whether the individual is selected,
nominated, elected, or appointed, or
b. the election of a presidential/vice -presidential
elector, regardless of whether the elector is
selected, nominated, elected, or appointed;
21. “Precise geolocation data ” means information derived from
technology, including global positioning system level latitude and
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longitude coordinates or other mechani sms, that directly identifies
the specific location of an individual with precision and accuracy
within a radius of one thousand seven hundred fifty (1,750) feet.
The term does not include the content of communications nor does it
include any data generated by or connected to an advanced utility
metering infrastructure system or to equipment for use by a utility;
22. “Process” or “processing” means any operation or set of
operations performed, whether by manual or automated means, on
personal data or on s ets of personal data, such as the collection,
use, storage, disclosure, analysis, deletion, or modificatio n of
personal data;
23. “Processor” means a person who, or legal entity that,
processes personal data on behalf of a controller;
24. “Profiling” means any form of solely automated processing
performed on personal data to evaluate, analyze, or predict personal
aspects related to an identified or identifiable individual ’s
economic situation, health, personal preferences, interests,
reliability, behavior , location, or movements;
25. “Protected health information ” has the meaning assigned to
the term under the Health Insurance Portability and Accountability
Act of 1996, 42 U.S.C., Section 1320d et seq. or any regulation
adopted thereunder;
26. “Pseudonymous data” means personal data that cannot be
attributed to a specific individual without the use of additional
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information, provided that the additional information is kept
separately and is subject to appropriate technical and
organizational measures to e nsure that the personal data is not
attributed to an identified or identifiable individual;
27. “Publicly available information ” means information that is
lawfully made available through government records, or information
that a business has a reasonable basis to believe is lawfully made
available to the general public through widely distributed media, by
a consumer, or by a person to whom a consumer has disclosed the
information, unless the consumer has restricted the information to a
specific audience;
28. “Sale of personal data ” means the exchange of personal data
for monetary consideration by the controll er to a third party. The
term does not include the:
a. disclosure of personal data to a processor that
processes the personal data on the controller ’s
behalf,
b. disclosure of personal data to a third party for
purposes of providing a product or service requested
by the consumer,
c. disclosure or transfer of personal data to an
affiliate of the controller,
d. disclosure of information or personal data that the
consumer:
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(1) (a) intentionally made available to the general
public through a mass media channel , and
(b) did not restrict to a specific audience, or
(2) directs the controller to disclose or
intentionally uses the controller to interact
with a third party, or
e. disclosure or transfer of personal data to a third
party as an asset that is part of a proposed or actual
merger, acquisition, bankruptcy, or other transaction
in which the third party assumes control of all or
part of the controller ’s assets;
29. “Sensitive data” means a category of personal data. The
term includes:
a. personal data reveal ing racial or ethnic origin,
religious beliefs, mental or physical health
diagnosis, sexual orientation, or citizenship or
immigration status,
b. genetic or biometric data that is processed for the
purpose of uniquely identifying an individual,
c. personal data collected from a known child, or
d. precise geolocation data;
30. “State agency” means a department, commission, board,
office, council, author ity, or other agency in the executive branch
of state government that is created by the constitution or a statute
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of this state, including a public university system or public
institution of higher education;
31. “Targeted advertising ” means displaying to a consumer an
advertisement that is selected based on personal data obtained from
that consumer’s activities over time and across nonaffiliated
websites or online applications to predict the consumer ’s
preferences or interests. The term does not include:
a. an advertisement that is:
(1) based on activities within a controller ’s own
websites or online applica tions,
(2) based on the context of a consumer ’s current
search query, visit to a website, or online
application, or
(3) directed to a consumer in resp onse to the
consumer’s request for information or feedback,
or
b. the processing of personal data solely for measuring
or reporting advertising performance, reach, or
frequency;
32. “Third party” means a person other than the consumer, the
controller, the processor, or an affiliate of the controller or
processor; and
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33. “Trade secret” means information incl uding a formula,
pattern, compilation, program, device, method, technique, or
process, that:
a. derives independent economic value, actual or
potential, from not being generally known to, and not
being readily ascertainable by proper means by, other
persons who can obtain economic value from its
disclosure or use, and
b. is the subject of efforts that are reasonable under
the circumstances to maintain i ts secrecy.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 301 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. A consumer is entitled to exercise th e consumer rights
authorized by this section at any time by submitting a request to a
controller specifying the consumer rights the consumer wishes to
exercise. With respect to the processing of personal data belonging
to a known child, a parent or legal guardian of the child may
exercise the consumer rights on behalf of the child.
B. A controller shall comp ly with an authenticated consumer
request to exercise the right to:
1. Confirm whether a controller is processing the consumer ’s
personal data and to access the personal data;
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2. Correct inaccuracies in the consumer ’s personal data,
considering the nature of the personal data and the purposes of the
processing of the consumer ’s personal data;
3. Delete personal data provided by or obtained about the
consumer;
4. If the data is available in a digital format, obtain a copy
of the consumer’s personal data that the consumer previously
provided to the controller in a portable and, to the extent
technically feasible, readily usable format that allows the c onsumer
to transmit the data to another controller without hindrance, where
the processing is carried out by automated means; or
5. Opt out of the processing of the personal data for purposes
of:
a. targeted advertising,
b. the sale of personal data, or
c. profiling in furtherance of a decision that produces a
legal or similarly significant effect concerning the
consumer.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 302 of Title 75A, unl ess there
is created a duplication in numbering, reads as follows:
A. Except as otherwise provided by this act, a controller shall
comply with a request submitted by a consumer to exercise the
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consumer’s rights pursuant to Section 2 of this act as provide d by
this section.
B. A controller shall respond to the consumer request no later
than forty-five (45) days after the date of receipt of the request.
The controller may extend the response period once by an additional
forty-five (45) days when reasonably necessary, considering the
complexity and number of the consumer ’s requests. The controller
shall inform the consumer of an extension within the initial forty -
five-day response period and of the reason for the extension.
C. If a controller declines to t ake action regarding the
consumer’s request, the controller shall inform the consumer no
later than the forty-five (45) days after the date of receipt of the
request of the justification for declining to take action and
provide instructions on how to appea l the decision in accordance
with Section 4 of this act.
D. A controller shall provide information in response to a
consumer request free of charge, up to twice annually per consumer.
If a request from a consumer is manifestly unfounded, excessive, or
repetitive, the controller may charge the consumer a reasonable fee
to cover the administrative costs of com plying with the request or
may decline to act on the request. The controller shall bear the
burden of demonstrating for purposes of this subsection t hat a
request is manifestly unfounded, excessive, or repetitive.
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E. If a controller is unable to authenticate the request using
commercially reasonable efforts, the controller shall not be
required to comply with a consumer request submitted under Section 2
of this act and may request that the consumer provide additional
information reasonably necessary to au thenticate the consumer and
the consumer’s request.
F. A controller that has obtained personal data about a
consumer from a source other than the con sumer shall be considered
to be in compliance with a consumer ’s request to delete that
personal data pursuant to paragraph 3 of subsection B of Section 2
of this act by:
1. Retaining a record of the deletion request and the minimum
data necessary for the purpose of ensuring the consumer ’s personal
data remains deleted from the business ’s records and not using the
retained data for any other purpose under this act; or
2. Opting the consumer out of the processing of that personal
data for any purpose other than a purpose that is exempt under this
act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 303 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. A controller shall establish a process for a consumer to
appeal the controller ’s refusal to take action on a request within a
reasonable period of time after the consumer ’s receipt of the
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decision under subsection C of Section 3 of this act. The appeal
process shall be conspicuously available and similar to the process
for initiating action to exercise consumer rights by submitting a
request under Section 2 of this act.
B. A controller shall inform the consumer in writing of any
action taken or not taken in response to an appeal under this
section no later than sixty (60) days after the date of receipt of
the appeal including a written explanation of the reason or reasons
for the decision. If the controller denies an appeal, the
controller shall provide the consumer with the online mechanism
described by subsection B of Section 12 of this act through which
the consumer may contact the Attorney General to submit a complaint.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 304 of Title 75A, unless there
is created a duplication in numbering, reads a s follows:
Any provision of a contract or agreement that waives or limits a
consumer right described by Section 2, 3, or 4 of this act shall be
deemed to be contrary to public policy and shall be void and
unenforceable.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 305 of Title 75A, unless there
is created a duplication in numbering, r eads as follows:
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A. A controller shall establish two or more secure and reliable
methods to enable consum ers to submit a request to exercise their
consumer rights under this act. The methods shall consider:
1. The ways in which consumers normally intera ct with the
controller;
2. The necessity for secure and reliable communications of
those requests; and
3. The ability of the controller to authenticate the identity
of the consumer making the request.
B. A controller shall not require a consumer to crea te a new
account to exercise the consumer ’s rights under this act but may
require a consumer to use an exi sting account.
C. Except as provided by subsection D of this section, if the
controller maintains an Internet website, the controller shall
provide a mechanism on the website for consumers to submit requests
for information required to be disclosed under this act.
D. A controller that operates exclusively online and has a
direct relationship with a consumer from whom the controller
collects personal information shall only be required to provide an
electronic mail address for the submission of requests des cribed by
subsection C of this section.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 306 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
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A. A controller shall:
1. Limit the collection of personal data to what is adequate,
relevant, and reasonably necessary in relation to the purposes for
which that personal data is processed, as disclosed to the consumer;
and
2. For purposes of protecting the confide ntiality, integrity,
and accessibility of personal data, establish, implement, and
maintain reasonable administrative, technical, and physical data
security practices that are appropriate to the volume and nature of
the personal data at issue.
B. A controller shall not:
1. Except as otherwise provided by this act, process personal
data for a purpose that is neither reasonably necessary to nor
compatible with the disclosed purpose for which the personal data is
processed, as disclosed to the consumer, unle ss the controller
obtains the consumer ’s consent;
2. Process personal data in violation of state and federal laws
that prohibit unlawful discriminati on against consumers;
3. Discriminate against a consumer for exercising any consumer
rights contained in this act, including by denying goods or
services, charging different prices or rates for goods or services,
or providing a different level of quality of goods or services to
the consumer; or
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4. Process the sensitive data of a consumer without obtaining
the consumer’s consent or, in the case of processing the sensitive
data of a known child, without processing that data in accordance
with the Children’s Online Privacy Protection Act of 1998.
C. Paragraph 3 of s ubsection B of this section shall not be
construed to require a controller to provide a product or service
that requires the personal data of a consumer that the controller
does not collect or mai ntain or to prohibit a controller from
offering a different price, rate, level, quality, or selection of
goods or services to a consumer, including offering goods or
services for no fee, if the consumer has exercised the consumer ’s
right to opt out under S ection 2 of this act or the offer is related
to a consumer’s voluntary participation in a bona fide loyalty,
rewards, premium features, discounts, or club card program.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 307 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. A controller shall provide consumers with a reasonably
accessible and clear privacy notice that includes:
1. The categories of personal data processed by the controller,
including, if applicable, any sensitive data processed by the
controller;
2. The purpose for processing personal data;
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3. How consumers may exercise their consumer rights under
Sections 2 through 6 of this act, includin g the process by which a
consumer may appeal a controller ’s decision with regard to the
consumer’s request;
4. If applicable, the categories of personal data that the
controller shares with third parties; and
5. If applicable, the categories of third par ties with whom the
controller shares personal data.
B. If a controller sells personal data to third parties or
processes personal data for targeted advertising, the controller
shall clearly and conspicuously disclose on the notice required by
subsection A of this section such process and the manner in which a
consumer may exercise the right to opt out of such process.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 308 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. A processor shall adhere to the instructions of a controller
and shall assist the controller in meeting or complying with the
controller’s duties or requirements under this act, including:
1. Taking into account the nature of processing and the
information available to the processor, a ssisting the controller in
responding to consumer rights requests submitted under Section 2 of
this act by using appropriate technical and organizational meas ures,
as reasonably practicable;
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2. Taking into account the nature of processing and the
information available to the processor, a ssisting the controller
with regard to complying with the requirement relating to the
security of processing personal data an d to the notification of a
breach of security of the processor ’s system under the Security
Breach Notification Act, Section 161 et seq. of Title 24 of the
Oklahoma Statutes; and
3. Providing necessary information to enable the controller to
conduct and document data protection assessments under Section 10 of
this act.
B. A contract between a controller and a processor shall govern
the processor’s data processing procedures with respect to
processing performed on behalf of the controller. The contract
shall include:
1. Clear instructions for processing data;
2. The nature and purpose of processing;
3. The type of data subject to processing;
4. The duration of processing;
5. The rights and obligations of both parties; and
6. A requirement that the pro cessor shall:
a. ensure that each person processing personal data is
subject to a duty of confidentiality with respect to
the data,
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b. at the controller’s direction, delete or return all
personal data to the controller as requested after the
provision of the service is completed, unless
retention of the personal data is required by law,
c. make available to th e controller, upon reasonable
request, all information in the processor ’s possession
necessary to demonstrate the processor ’s compliance
with the requirements of this act,
d. allow, and cooperate with, reasonable assessments by
the controller or the controller ’s designated
assessor, and
e. engage any subcontractor pursuant to a written
contract that requires the subcontractor to meet the
requirements of the processor with respect to the
personal data.
C. Notwithstanding the requirement described by subpara graph d
of paragraph 6 of subsection B of this section, a processor, in the
alternative, may arrange for a qualified and independent assessor to
conduct an assessment of the processor ’s policies and technical and
organizational measures in support of the requirements under this
act using an appropriate and accepted control standard or framework
and assessment procedure. The processor shall provide a re port of
the assessment to the controller on request.
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D. The provisions of t his section shall not be const rued to
relieve a controller or a processor from the liabilities imposed on
the controller or processor due to its role in the processing
relationship as described by this act.
E. A determination of whether a person is acting as a
controller or processor with respect to a specific processing of
data is a fact-based determination that depends on the context in
which personal data is to be processed. A processor that continues
to adhere to a controller ’s instructions with respect to a specific
processing of personal data remains in the role of a processor.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 309 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. A controller shall conduct and document a data protection
assessment of each of the following processing activities involving
personal data:
1. The processing of personal data for purposes of targeted
advertising;
2. The sale of personal data;
3. The processing of personal data for purposes of profiling,
if the profiling presents a reasonably foreseeable risk of:
a. unfair or deceptive treatment of or unlawful disparate
impact on consumers,
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b. financial, physical, or reputational injury to
consumers,
c. a physical or other intrusion on the solitude or
seclusion, or the private affairs or concerns, of
consumers, if the intrusion would be offensive to a
reasonable person, or
d. other substantial injury to consumers;
4. The processing of sensitive data; a nd
5. Any processing activities involving personal data that
present a heightened risk of harm to consumers.
B. A data protection assessment conduct ed under subsection A of
this section shall:
1. Identify and weigh the direct or indirect benefits that may
flow from the processing to the controller, the consumer, other
stakeholders, and the public, against the potential risks to the
rights of the consumer associated with that processing, as mitigated
by safeguards that can be employed by the controller to reduce the
risks; and
2. Factor into the assessment the:
a. use of de-identified data,
b. reasonable expectations of consumers,
c. context of the processing, and
d. relationship between the controller and the consumer
whose personal data will be processed.
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C. A controller shall make a data protection assessment
available to the Attorney General upon written request pursuant to a
civil investigation d emand.
D. A data protection assessment shall be confidential and
exempt from public inspection and copyin g under the Oklahoma Open
Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma
Statutes. Disclosure of a data protection assessment in comp liance
with a request from the Attorney General shall not constitute a
waiver of attorney-client privilege or work product protection with
respect to the assessment and any information contained in the
assessment.
E. A single data protection assessment ma y address a comparable
set of processing operations that include similar activities.
F. A data protection assessment conducted by a controller for
the purpose of compliance with other laws or regulations may
constitute compliance with the requirements of this section if the
assessment has a reasonably comparable scope and effect.
G. A data protection assessment as required by this section
shall apply to processing activities that commence on or after the
effective date of this act and shall not be retroac tive.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 310 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. A controller in possession of de -identified data shall:
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1. Take reasonable measures to ensure that the data cannot be
associated with an individual;
2. Publicly commit to process such data only in a de -identified
fashion and not attempt to reidentify the data; and
3. Contractually obligate any r ecipient of the de-identified
data to comply with the requirements of this subsection.
B. The provisions of this act shall not be construed to require
a controller or processor to:
1. Reidentify de-identified data or pseudonymous data;
2. Maintain data in identifiable form or obtain, retain, or
access any data or technology for the purpose of allowing the
controller or processor to associate a consumer request with
personal data; or
3. Comply with an authenticated consumer rights request under
Section 2 of this act, if the controller:
a. is not reasonably capable of associating the request
with the personal data or it would be unreasonably
burdensome for the controller to associate the request
with the personal data,
b. does not use the personal data to recognize or respond
to the specific consumer who is the subject of the
personal data or associate the personal data with
other personal data about the same specific consumer,
and
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c. does not sell the personal data to any third party or
otherwise voluntarily disclose the personal data to
any third party other than a processor, except as
otherwise permitted by this section.
C. The consumer rights under paragraphs 1 through 4 of
subsection B of Section 2 of this act and controller duties under
Section 7 of this act shall not apply to pseudonymous data in cases
in which the controller is able to demonstrate any information
necessary to identify the consumer is kept separately and is subject
to effective technical and organizational controls that prevent the
controller from accessing the information.
D. A controller that discloses pseudonymous data or de -
identified data shall exercise reasonable oversight to monitor
compliance with any contractual commitments to which the
pseudonymous data or de -identified data is subject and shall take
appropriate steps to address any breach of the contractual
commitments.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 311 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. The Attorney General has exclusive authority to enforce the
provisions of this act.
B. The Attorney General shall post on the Attorney General ’s
Internet website:
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1. Information relating to:
a. the responsibilities of a controller under this act,
b. the responsibilities of a processor under this act,
and
c. a consumer’s rights under this act; and
2. An online mechanism through which a consumer may submit a
complaint under this act to the Attorney General.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes a s Section 312 of Title 75A, unless there
is created a duplication in numbering, reads as follows
Before bringing an action under Section 14 of this ac t, the
Attorney General shall notify the controller or processor in
writing, no later than thirty (30) days before bringing the action,
identifying the specific provisions of this act that the Attorney
General alleges have been or are being violated. The Attorney
General shall not bring an action against the controller or
processor if:
1. Within the thirty-day period, the controller or processor
cures the identified violation; and
2. The controller or processor provides the Attorney General a
written statement that the controller or processor:
a. cured the alleged violation,
b. provided supportive documentation to show how the
privacy violation was cured, and
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c. that no further violations will occur.
SECTION 14. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 313 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. A controller or processor who violates this act following
the cure period described by Section 13 of thi s act or who breaches
a written statement provided to the Attorney General under such
section shall be liable for a civil penalty in an amount not to
exceed Seven Thousand Five Hundred Dollars ($7,500.00) for each
violation.
B. The Attorney General may br ing an action to:
1. Recover a civil penalty under this section;
2. Restrain or enjoin the person from v iolating this act; or
3. Recover the civil penalty and seek injunctive relief.
C. The court may award reasonable attorney fees and other
expenses incurred in investigating and bringing an action under this
section.
D. Civil penalties collected in an action under this section
shall be deposited in the State Treasury to the credit of the
General Revenue Fund.
E. Nothing in this act shall be construed as providing a basis
for, or being subject to, a private right of action for a violation
of this act or any other provision of law.
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SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 314 of Ti tle 75A, unless there
is created a duplication in numbering, reads as follows:
A. The provisions of this act apply only to a controller or
processor who:
1. Conducts business in this state or produces a product or
service targeted to the residents of thi s state; and
2. During a calendar year, either:
a. controls or processes personal data of at least one
hundred thousand (100,000) consumers, or
b. controls or processes personal data of at least
twenty-five thousand (25,000) consumers and derives
over fifty percent (50%) of gross revenue from the
sale of personal data.
B. The provisions of t his act shall not apply to:
1. A state agency or a political subdivision of this state, or
a service provider processing data on behalf of a state agency or
political subdivision of this state;
2. A financial institution or data subject to Title V of the
Gramm-Leach-Bliley Act, 15 U.S.C., Section 6801 et seq.;
3. A covered entity or business associate governed by the
privacy, security, and breach notification rules i ssued by the
United States Department of Health and Human Services, 45 C.F.R.,
Parts 160 and 164, established under the Health Insurance
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Portability and Accountability Act of 1996, 42 U.S.C., Section 1320d
et seq., and the Health Information Technology for Economic and
Clinical Health Act, Division A of Title XIII and Division B of
Title IV of the American Rec overy and Reinvestment Act of 2009, Pub.
L. No. 111-5;
4. A nonprofit organization;
5. An institution of higher education; or
6. The processing of personal data by a person in the course of
a purely personal or household activity.
SECTION 16. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 315 of Title 75A, unless there
is created a duplication i n numbering, reads as follows:
The following information shall be exempt from this act:
1. Protected health information under the Health Insurance
Portability and Accountability Act of 1996, 42 U.S.C., Section 1320d
et seq.;
2. Health records;
3. Patient identifying information for purposes of 42 U.S.C.,
Section 290dd-2;
4. Identifiable private information:
a. for purposes of the federal policy for the protection
of human subjects under 45 C.F.R., Part 46,
b. collected as part of human subjects research under the
good clinical practice guidelines issued by the
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International Council for Harmonisation of Tech nical
Requirements for Pharmaceuticals for Human Use (ICH)
or of the protection of human subjects under 21
C.F.R., Parts 50 and 56, or
c. that is personal data used or shared in research
conducted in accordance with the requirements set
forth in this act or other research conducted in
accordance with applicable law;
5. Information and documents created for purposes of the Health
Care Quality Improvemen t Act of 1986, 42 U.S.C., Section 11101 et
seq.;
6. Patient safety work product for purposes of the Patie nt
Safety and Quality Improvement Act of 2005, 42 U.S.C., Section 299b -
21 et seq.;
7. Information derived from any of the health care -related
information listed in this section that is de -identified in
accordance with the requirements for de -identification under the
Health Insurance Portability and Accountability Act of 1996, 42
U.S.C., Section 1320d et seq. or any regulation adopted thereunder;
8. Information originating from, and intermingled to be
indistinguishable with, or information treated in the s ame manner
as, information exempt under this section that is maintained by a
covered entity or business associate as defined under the Health
Insurance Portability and Accountability Act of 1996, 42 U.S.C.,
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Section 1320d et seq. or any regulation adopted thereunder, or by a
program or a qualified service organization as defined under 42
U.S.C., Section 290dd -2 or any regulation adopted thereunder;
9. Information that is included in a limited data set as
described by 45 C.F.R., Section 164.514(e), to the ex tent that the
information is used, disclosed, and maintained in the manner
specified by 45 C.F.R., Section 164.514(e);
10. Information collected or u sed only for public health
activities and purposes as authorized under the Health Insurance
Portability and Accountability Act of 1996, 42 U.S.C., Section 1320d
et seq.;
11. The collection, maintenance, disclosure, sale,
communication, or use of any perso nal information bearing on a
consumer’s creditworthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, or mode of
living by a consumer reporting agency or furnisher that provides
information for use in a consum er report, and by a user of a
consumer report, but only to the extent that the activity is
regulated by and authorized under the Fair Credit Reporting Act, 15
U.S.C., Section 1681 et seq.;
12. Personal data collected, processed, sold, or disclosed in
compliance with the Driver ’s Privacy Protection Act of 1994, 18
U.S.C., Section 2721 et seq.;
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13. Personal data regulated by the Family Educational Rights
and Privacy Act of 1974, 20 U.S.C., Section 1232g;
14. Personal data collected, processed, sold, or dis closed in
compliance with the Farm Credit Act of 1971, 12 U.S.C., Section 2001
et seq.;
15. Data processed or maintained in the course of an individual
applying to, being employed by, or acting as an agent or independent
contractor of a controller, proces sor, or third party, to the extent
that the data is collected and used within the context of such role;
16. Data processed or maintained as the emergency contact
information of an individual under this act that is used for
emergency contact purposes; or
17. Data that is processed or maintained and is necessary to
retain to administer benefits for another individual that relates to
an individual described by paragraph 15 of this section and used for
the purposes of administering those benefits.
SECTION 17. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 31 6 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A controller or processor that complies with the verifiable
parental consent requirements of the Children ’s Online Privacy
Protection Act of 1998 with respect to data collected online shall
be considered to be in compliance with any requirement to obtain
parental consent under this act.
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SECTION 18. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 317 of Title 75A, unles s there
is created a duplication in numbering, reads as follows:
A. The provisions of this act shall not be construed to
restrict a controller ’s or processor’s ability to:
1. Comply with federal, state, or local laws, rules, or
regulations;
2. Comply with a civil, criminal, or regulatory inquiry,
investigation, subpoena, or summons by federal, state, local, or
other governmental authorities;
3. Cooperate with law enforcement agencies concerning conduct
or activity that the controller or processor reason ably and in good
faith believes may violate federal, state, or local laws, rules,
ordinances, or regulations;
4. Investigate, establish, exercise, pr epare for, or defend
legal claims;
5. Provide a product or service specifically requested by a
consumer or the parent or guardian of a child, perform a contract to
which the consumer is a party, including fulfilling the terms of a
written warranty, or tak e steps at the request of the consumer
before entering into a contract;
6. Take immediate steps to protec t an interest that is
essential for the life or physical safety of the consumer or of
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another individual and in which the processing cannot be manifes tly
based on another legal basis;
7. Prevent, detect, protect against, or respond to security
incidents, identity theft, fraud, harassment, malicious or deceptive
activities, or any illegal activity;
8. Preserve the integrity or security of systems or
investigate, report, or prosecute those responsible for breaches of
system security;
9. Engage in public or peer-reviewed scientific or statistical
research in the public interest that adheres to all other applicable
ethics and privacy laws and is approved, monitored, and governed by
an institutional review board or similar independent oversight
entity that determines:
a. if the deletion of the information is likely to
provide substantial benefits that do not exclusively
accrue to the controller,
b. whether the expected benefits of the research outweigh
the privacy risks, and
c. if the controller has implemented reasonable
safeguards to mitigate privacy risks associated with
research, including any risks associated with
reidentification; or
10. Assist another controller, processor, or third party with
any of the requirements under this subsection.
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B. The provisions of this act shall not be construed:
1. To prevent a controller or processor from providing personal
data concerning a consumer to a person cover ed by an evidentiary
privilege under the laws of this state as part of a privileged
communication;
2. As imposing a requirement on controllers and processors that
adversely affects the rights or freedoms of any person, including
the right of free speech; or
3. As requiring a controller, processor, third party, or
consumer to disclose a trade secret.
SECTION 19. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 318 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. The requirements imposed on controllers and processors un der
this act shall not restrict a controller ’s or processor’s ability to
collect, use, or retain data to:
1. Conduct internal research to develop, im prove, or repair
products, services, or technology;
2. Effect a product recall;
3. Identify and repair technical errors that impair existing or
intended functionality; or
4. Perform internal operations that are:
a. reasonably aligned with the expectatio ns of the
consumer,
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b. reasonably anticipated based on the consumer ’s
existing relationship with the contr oller, or
c. otherwise compatible with processing data in
furtherance of the provision of a product or service
specifically requested by a consumer or the
performance of a contract to which the consumer is a
party.
B. A requirement imposed on a controller or processor under
this act shall not apply if compliance with the requirement by the
controller or processor, as applicable, would violate an eviden tiary
privilege under the laws of this state.
C. The processing of personal data by an entity for the
purposes described in subsection A of this section shall not solely
make the entity a controller with respect to the processing of the
data.
SECTION 20. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 319 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. A controller or processor that discloses personal data to a
third-party controller or processor, in compliance with the
requirements of this act, shall not be deemed t o be in violation of
this act if the third -party controller or processor that receives
and processes that personal data is in violation of this act;
provided, that at the time of the data ’s disclosure, the disclosing
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controller or processor did not have actual knowledge that the
recipient intended to commit a violation.
B. A third-party controller or processor receiving personal
data from a controller or processor in compliance with the
requirements of this act shall not be deemed to be in violation of
this act for any wrongdoing of the controller or processor from
which the third-party controller or processor receives the personal
data.
SECTION 21. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 320 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. Personal data processed by a controller pursuant to Section
18, 19, or 20 of this act shall not be processed for any purpose
other than a purpose listed in Section 18, 19 , or 20 of this act
unless otherwise allowed by this act. Personal data processed by a
controller under Section 18, 19, or 20 of this act may be proc essed
to the extent that the processing of the data is:
1. Reasonably necessary and proportionate to the purposes
listed in Section 18, 19, or 20 of this act; and
2. Adequate, relevant, and limited to what is necessary in
relation to the specific purpose s listed in Section 18, 19, or 20 of
this act.
B. Personal data collected, used, or retained under subsec tion
A of Section 19 of this act shall, where applicable, consider the
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nature and purpose of such collection, use, or retention. The
personal data described by this subsection is subject to reasonable
administrative, technical, and physical measures to protect the
confidentiality, integrity, and accessibility of the personal data
and to reduce reasonably foreseeable risks of harm to consumers
relating to the collection, use, or retention of personal data.
C. A controller that processes personal data under an exemption
in Section 18, 19, or 20 of this act bears the burden of
demonstrating that the processing of the personal data qualifies for
the exemption and complies with the requirements of subsections A
and B of this section.
D. The processing of personal data by an entity for the
purposes described by Section 18 of this act does not solely make
the entity a controller with respect to the processing of the data.
SECTION 22. This act shall become effective July 1, 2026.
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Passed the Senate the 26th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives